Health litigation fund.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0154.E1

HOUSE

BILL

NO.
HB0039

Health litigation fund.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to
the administration of government and national health
care
reform; providing for a fund to litigate issues relating to federal
health care
enactments and their implementation;

specifying uses of the fund;
providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 9
‑
1
‑
641 is created to read:

9
‑
1
‑
641.

National
health

care
reform litigation account; account created;
use of funds.

(
a)

There is created
the national health
care
reform litigation account. The account shall be administered by the attorney general.

(b)

Funds in the account shall be used for expenses related to litigation concerning
health
care
reform.

(c)

Litigation that may be funded pursuant to this section shall be related to
health care reform
, including but not limited to:

(i)

Defense of the state of Wyoming or its political subdivisions against litigation or regulatory orders brought by the federal government or any other governmental or private party relating to provisions of the federal health
care reform or the state
's
response to it;

(ii)

Litigation and activities that may lead to litigation, including legal comments on proposed federal regulations
,
alleging that a federal agency has exceeded or misused its statutory authority in any regulation
,
or other activity implementing or not implementing health care reform;

(iii)

Litigation alleging the federal government has exceeded its constitutional authority in any provision of these acts;

(iv)

Litigation alleging the federal government has violated or will violate the fundamental rights of citizens of Wyoming under the United States
c
onstitution, particularly the first, fifth, ninth and fourteenth amendments to the
constitution of the United States;

(v)

Intervention in health care reform litigation brought by another state or states or a third party in which
Wyoming
or its citizens have a vital interest;

(vi)

The development and submission of amicus curiae briefs in other health care reform cases in which
Wyoming
or its citizens have an interest.

(d)

In determining which litigation to become involved with, the governor and the attorney general shall give first prior
ity
to litigation concerning
the Patient Protection and
Affordable Care Act and
the Health Care Education and Reconciliation Act of 2010
and shall consider:

(i)

The degree of probable
harm that may be done to the people of the state of
Wyoming
if the state does not enter into the litigation, or the benefits that may accrue to the people or the state if litigation is successful;

(ii)

The probability the litigation will be successful;

(iii)

The expected cost of the litigation;

(iv)

The possibility of a
favorable
negotiat
ed settlement to the litigation.

(e)

The attorney general may intervene
in
litigation brought by private citizens or other states only if in
the attorney general's opinion precedents are likely to be established that will be of general utility or harm to the people of the state of
Wyoming
and if in his opinion
Wyoming
's intervention will materially aid in obtaining favorable precedents
.

(f)

For purposes of this section, "health care reform" means
the Patient Protection and Affordable Care Act, P.L. 111-148, the Health Care Education and Reconciliation Act of 2010, P.L. 111-152, the Children's Health Insurance Program Reauthorization Act of 2009, P.L. 111-3, the health provisions of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, the federal Medicare program, 42 U.S.C. 1395 et seq., the federal Medicaid program, 42 U.S.C. 1396 et seq., and federal statutes now enacted or that may be enacted related to any of these
acts or
programs.

Section 2.

There is appropriated
five hundred thousand
dollars ($
5
00,000.00) f
rom the
general
fund to the
national health care reform litigation account.
This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201
2
.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any purpose
other than as provided in W.S. 9
‑
1
‑
641
and any unexpended, unobligated funds remaining
in the account
from this appropriation shall revert as provided by law on
June 30, 2012.
This appropriation shall not be included in the
attorney general's
201
3
-201
4
standard biennial budget request.

Section
3
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0039